Boost as Kenya Revenue Authority to collect over one billion as tax from a trader
By Samuel Migele
The Tax Appeals Tribunal (the Tribunal) has dismissed an Appeal fil
ed by Jhulay LAL Commodities Ltd on grounds that the firm had fail
ed to prove that Kenya Revenue
Authority’s (KRA) assessment was excessive.
Jhulay LAL’s principal activity is the wholesale and retail sale of rice
sourced from Pakistan. Jhulay LAL Commodities Ltd appealed the d
ecision of KRA contesting that the entire tax of Kshs. 1,456,433,604.0
0 demanded. The main grounds of the appeal was that the Commissi
oner determined the taxable income on the basis of its gross bankin
gs against the basic accounting principles and tax law.
KRA successfully argued that it made the assessment after an investi
gation revealed several irregularities including unexplained bank d
eposits and that the sales of
the rice exceeded the amounts imported.
The Tribunal reviewed the evidence as presented by both parties an
d held that KRA exercised its powers judiciously to make the decisio
n based on the material before it.
The Tribunal held that the Jhulay LAL Commodities Ltd failed to pro
ve that the assessment was excessive and dismissed the appeal.
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